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Can A LEO take my weapon for "officer safety"

Baked on Grease

Regular Member
Joined
Jul 4, 2011
Messages
629
Location
Sterling, Va.
Yet another respinse to mayhem, which he may not think about since he (seems to) view the police as our friends...

What if they type the serial number wrong? Now it comes up stolen and you go to jail. What if you voluntarily give up your ID and he miss types that and comes with a guy that has a warrant for arrest? Now you go to jail.

What if it's a real bad cop that asks to search your vehicle, you have nothing to hide, so why not? Now he plants some Cannibis in your car to meet his Arrest quota for the month.

The point is that you don't know, so why take the chance? If the cop had true RAS he could put you in cuffs and detain you, so until your in cuffs why "cooperate" further than what the law tells you to?

To drdan01: all cops think they have the power to demand a physical gov't issued ID, VB cops just have local code that backs it up. Technically Loudoun County up here in Nova has one too. I routinely go sterile while OCing here. Until I am in handcuffs, they won't get anything from me. Even then I won't say anything until they actually formally arrest me, then they get my lawyers number. He can ID me for them.

Sent using tapatalk
 

Sheriff

Regular Member
Joined
May 19, 2008
Messages
1,968
Location
Virginia, USA
What if they type the serial number wrong? Now it comes up stolen and you go to jail. What if you voluntarily give up your ID and he miss types that and comes with a guy that has a warrant for arrest? Now you go to jail.


Happens more often than people might think. "dyslexia + dispatcher" or "dyslexia + cop" has sent more than one innocent person to jail overnight until the mistake is discovered. And you will never ever get them to confess to making this serious mistake. To confess opens them up to a lawsuit. The first line of defense is for them to say, "the suspect was very uncooperative, no wonder a mistake was made!" The second line of defense is qualified immunity, "we acted in good faith!"

Since law enforcement involves so many numbers and letters being run on computer networks on an hourly basis so often, I have never felt people with dyslexia should be hired. But they are.
 

TFred

Regular Member
Joined
Oct 13, 2008
Messages
7,750
Location
Most historic town in, Virginia, USA
Yet another respinse to mayhem, which he may not think about since he (seems to) view the police as our friends...

What if they type the serial number wrong? Now it comes up stolen and you go to jail. What if you voluntarily give up your ID and he miss types that and comes with a guy that has a warrant for arrest? Now you go to jail.

What if it's a real bad cop that asks to search your vehicle, you have nothing to hide, so why not? Now he plants some Cannibis in your car to meet his Arrest quota for the month.

The point is that you don't know, so why take the chance? If the cop had true RAS he could put you in cuffs and detain you, so until your in cuffs why "cooperate" further than what the law tells you to?

To drdan01: all cops think they have the power to demand a physical gov't issued ID, VB cops just have local code that backs it up. Technically Loudoun County up here in Nova has one too. I routinely go sterile while OCing here. Until I am in handcuffs, they won't get anything from me. Even then I won't say anything until they actually formally arrest me, then they get my lawyers number. He can ID me for them.

Sent using tapatalk
According to Municode, the VB ordinance just says a person must "identify himself by name and address", and only then if it appears to a reasonable man that public safety "requires" it.

Seems well vague enough to not be enforceable to me, but of course nobody wants to be the test case.

TFred



Sec. 23-7.1. - Providing identification to police officer.

It shall be unlawful and a Class 1 misdemeanor for any person at a public place or place open to the public to refuse to identify himself by name and address at the request of a uniformed police officer or of a properly identified police officer not in uniform, or to provide false information in response to such a request, if the surrounding circumstances are such as to indicate to a reasonable man that the public safety requires such identification.
 

Bowesmobile

Regular Member
Joined
Mar 30, 2012
Messages
204
Location
Powhatan, Va
And it will continue to happen until everyone stands up to them. All we can do is conduct ourselves the way we feel best. There is no magic phrase that will make bullies run or LEO's become professional.

Its also amazing what we'll give up for supposed convenience. When I watched the video Radley Balko made I was amazed at how blatantly the officer lied and coerced his way through that whole stop. Putting myself in Radleys position I may have done the same thing, and that troubles me. If you dont prepare yourself mentally to deal with these guys they will walk all over you with the greatest of ease. Were taught in indoctrination school (a.k.a. public schools) that the police are your friends and are only there to help you. No really they're not. They have a job to do and THEY ARE ONLY PROTECTING THEMSELVES. Its not to serve and protect "We the People". Its to serve and protect their own neck. We have to be diligent to not let them act this way toward us. Then and only then will they stop.
 

peter nap

Accomplished Advocate
Joined
Oct 16, 2007
Messages
13,551
Location
Valhalla
Yet another respinse to mayhem, which he may not think about since he (seems to) view the police as our friends...

What if they type the serial number wrong? Now it comes up stolen and you go to jail. What if you voluntarily give up your ID and he miss types that and comes with a guy that has a warrant for arrest? Now you go to jail.

What if it's a real bad cop that asks to search your vehicle, you have nothing to hide, so why not? Now he plants some Cannibis in your car to meet his Arrest quota for the month.

The point is that you don't know, so why take the chance? If the cop had true RAS he could put you in cuffs and detain you, so until your in cuffs why "cooperate" further than what the law tells you to?

To drdan01: all cops think they have the power to demand a physical gov't issued ID, VB cops just have local code that backs it up. Technically Loudoun County up here in Nova has one too. I routinely go sterile while OCing here. Until I am in handcuffs, they won't get anything from me. Even then I won't say anything until they actually formally arrest me, then they get my lawyers number. He can ID me for them.

Sent using tapatalk

This is one of the better posts Grease...It bears repeating!
And yeah, I'm a little militant. At the JMU protest one of the kids said he was glad the school let them have their demonstration there (the commons).

My response was, "that in my day, we had them where we damned well pleased!"
 
Last edited:

half_life1052

Regular Member
Joined
Mar 20, 2012
Messages
270
Location
Austin, TX
This is one of the better posts Grease...It bears repeating!
And yeah, I'm a little militant. At the JMU protest one of the kids said he was glad the school let them have their demonstration there (the commons).

My response was, "that in my day, we had them where we damned well pleased!"

How does that old saw go . . . "If you remember the 60's, You weren't there!"


http://www.youtube.com/watch?v=WANNqr-vcx0

:D
 

peter nap

Accomplished Advocate
Joined
Oct 16, 2007
Messages
13,551
Location
Valhalla
How does that old saw go . . . "If you remember the 60's, You weren't there!"


http://www.youtube.com/watch?v=WANNqr-vcx0

:D

Yeah but that was only true for a handful of people.
Those that weren't there think it was Peace, Love and Rock and Roll.

No such thing...more like Budweiser, an old ax handle and where's the fight today.

The sixties were interesting...looking back. We went from Ed Sullivan in Black and White to James Bond in living color.
The 70's are when it got organized, went underground and turned violent.

The 20teens will be worse.
 

thaJack

Regular Member
Joined
Aug 8, 2007
Messages
70
Location
Roanoke, Virginia, USA
It is my understanding is: only if "detained" for suspicion of a CRIME having been, is being/about to be committed....(a traffic infraction is not a crime)

(or you allow it) Only thing you need to say is: Am I being detained? No...walk away. Yes? ask what for, carry of a firearm is not a crime.

Hold up... you can be detained for a crime that is "about to be committed?"
 

The Wolfhound

Regular Member
Joined
Sep 3, 2009
Messages
728
Location
Henrico, Virginia, USA
Well....

Legally, only with proof of conspiracy to commit said crime. Just being "up to something" has never been illegal, much to the chagrin of LEOs. It does not mean you can't or won't get hassled, just that it likely won't stand up. View "Mopery" for examples.:D
 

Red Dawg

Regular Member
Joined
Dec 29, 2010
Messages
399
Location
Eastern VA, with too many people
If you aren't driving, there is no need for a license. So being sterile of IDs, is not illeagal. So the cop can plead, order and do the almighty footstomp, but he can't have what you don't have. If forced, then the name and address verbally will have to do..It's all ya got..
 
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